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Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism

Arenson, Kenneth J. 2011, Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism, University of Notre Dame law review, vol. 13, pp. 17-68.

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Title Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism
Author(s) Arenson, Kenneth J.
Journal name University of Notre Dame law review
Volume number 13
Start page 17
End page 68
Total pages 52
Publisher University of Notre Dame Australia
Place of publication Fremantle, W.A.
Publication date 2011-12
ISSN 1441-9769
Summary This article canvasses the key Australian exclusionary rules and discretions to exclude evidence under both the common law and its statutory counterparts in the Uniform Evidence Legislation now in effect in the Commonwealth, Victoria, New South Wales, the Australian Capital Territory and Tasmania. In examining these exclusionary rules and discretions, an analysis is made as to whether evidence derived from primary evidence excluded under one or more of these rules should also be excluded under an American style 'fruit of the poisonous tree doctrine' - and why or why not. Finally, the article compares the current Australian approach to this doctrine with the present state of the American doctrine and the recognised exceptions thereto. The article concludes with recommendations for applying the doctrine in both countries, subject to suggested changes in the Jaw that take the realities of political correctness and human frailty into account.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2011, University of Notre Dame Australia
Persistent URL http://hdl.handle.net/10536/DRO/DU:30043944

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.